DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant's election with traverse of Species A, claims 1-3, 15, 17-20 and subspecies AA, 7, 12-14 in the reply filed on 6/8/2026 is acknowledged. The traversal is on the ground(s) that there would not be a search or examination burden as the species are related by a general inventive concept. This is not found persuasive. As stated in MPEP § 806.04(b), an election of species may be required even in the event that the species are related by a general inventive concept. Additionally, as stated in MPEP § 806.04(f) requirement for an election of species may be proper if the species are mutually exclusive, i.e. each of the claims directed to the different species recites characteristics not claimed in the claims directed in the species of the other species. In the present case, Species A describes a valve on a first distribution pipe, Species B describes a valve on a first connection pipe, Species C describes a solenoid valve on a first distribution pipe, Species AA describes a first inlet tube, Species BB describes the first pipe inlet tube is located on an outermost side of the plurality of pipes, Species CC describes the outlet tube of the lowermost first pipe among the plurality of pipes may be located above the inlet tube. The first outlet tube of the first lowermost pipe may be located above the first inlet tube. Thus, the relation of the two species via common features does render an election of species requirement improper. The different species would impose a search burden.
The requirement is still deemed proper and is therefore made FINAL.
Claims 4-6, 8-11, 16 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species there being no allowable generic or linking claim. Additionally, claim 20 is withdrawn as being drawn to Species B, Fig. 6. Applicant timely traversed the restriction (election) requirement in the reply filed on 6/8/2026.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/10/2025, 2/27/2025, 2/4/2026 was filed after the mailing date of the application on 7/17/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3, 7, 12-15, 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeong et al (US 20190242617) in view of Chikami et al (EP 2940407).
Regarding claim 1, Jeong teaches an apparatus (figs. 1-2) comprising: a compressor (10) that compresses a refrigerant (refrigerant, paragraph 0025); a first heat exchanger (indoor heat exchanger, paragraph 0046) that is connected to the compressor through a refrigerant pipe (24)and in which heat is exchanged between the refrigerant; and a second heat exchanger (60) connected to the compressor through the refrigerant pipe (23) and in which heat is exchanged between the refrigerant and outdoor air (outside air, paragraph 0030), wherein the second heat exchanger includes: a plurality of pipes (41, 42, 43, 44, 91a, 91b, 92a, 92b, 93a and 94b, 46a, 47a, 48a and 49a) through which the refrigerant flows; and a valve (44b) adjusting a flow of the refrigerant through a first pipe located at a lowest position among the plurality of pipes, and wherein the valve allows the refrigerant to flow in a first direction (unidirectional, paragraph 0060-0061) in which the refrigerant sequentially passes through the compressor, the second heat exchanger, and the first heat exchanger (paragraph 0060-0061) but fails to explicitly teach the first heat exchanger that is connected to the compressor through a refrigerant pipe and in which heat is exchanged between the refrigerant and water.
However, Chikami teaches the first heat exchanger (25) that is connected to the compressor (fig. 1) through a refrigerant pipe (arrow to 25) and in which heat is exchanged between the refrigerant (25a) and water (25b) to efficiently perform heat exchange between water and refrigerant.
Therefore, it would have been obvious to a person skilled in the art before the effective filing date to modify the apparatus of Jeong to include the first heat exchanger that is connected to the compressor through a refrigerant pipe and in which heat is exchanged between the refrigerant and water in view of the teachings of Chikami to efficiently perform heat exchange between water and refrigerant.
Regarding claim 2, the combined teachings teach the valve is a check valve (check valve, paragraph 0060) that allows the refrigerant to flow through the check valve in the first direction and blocks the refrigerant from flowing through the check valve in a second direction, which is opposite to the first direction (understood this is operation of a check valve, paragraph 0060-0061).
Regarding claim 3, the combined teachings teach the second heat exchanger includes: a plurality of distribution pipes (46a, 47a, 48a and 49a of Jeong) connected to the plurality of pipes; and a distributor (46, 47, 48 and 49 of Jeong) coupled to the plurality of distribution pipes, and wherein the valve is disposed at a first distribution pipe (44a, 49 of Jeong) that is fluidly connected to the first pipe.
Regarding claim 7, the combined teachings teach the first pipe includes: a first pipe inlet tube (49a of Jeong) through which the refrigerant flows into the first pipe after being discharged from the compressor; and a first pipe outlet tube (outlet, paragraph 0090 of Jeong) through which the refrigerant flows out of the first pipe after flowing into the first pipe via the first pipe inlet tube, and wherein the first pipe inlet tube is separated outward from the first pipe outlet tube (figs. 1-2 of Jeong).
Regarding claim 12, the combined teachings teach the plurality of pipes includes a plurality of second pipes (46a, 47a, 48a of Jeong) that differ from the first pipe, wherein one of the plurality of second pipes includes: a second pipe inlet tube (48b of Jeong) through which the refrigerant flows after being discharged from the compressor; and a second pipe outlet tube (outlet, paragraph 0090 of Jeong) through which the refrigerant flows out of the one of the plurality of second pipes and toward the first heat exchanger (figs. 1-2), and wherein the second pipe inlet tube is spaced inwardly from the second pipe outlet tube (figs 1-2).
Regarding claim 13, the combined teachings teach the plurality of pipes includes a plurality of second pipes (46a, 47a, 48a of Jeong) that differ from the first pipe, and wherein a length of a refrigerant flow path of the first pipe is shorter (figs. 1-2 of Jeong illustrate different lengths) than a length of a refrigerant flow path of one of the plurality of second pipes (figs. 1-2 of Jeong illustrate different lengths).
Regarding claim 14, the combined teachings teach the plurality of pipes includes tubes (66 of Jeong) arranged into at least two rows (fig. 2 of Jeong), and wherein a first quantity of the tubes included in the first pipe is less than a second quantity of the tubes included in the one of the plurality of second pipes (fig. 2, one of ordinary skill in the art would recognize 60 is capable of various quantities of tubes to form the different stages and refrigerant flow paths, paragraph 0039-0041 of Jeong).
Regarding claim 15, the combined teachings teach wherein the first distribution pipe is located at a lowest position (49a, fig. 2 of Jeong is the lowest)among the plurality of distribution pipes.
Regarding claim 17, the combined teachings teach an expansion device (51-54 of Jeong) disposed between the first heat exchanger and the second heat exchanger, wherein the refrigerant sequentially flows through the second heat exchanger, the expansion device, and the first heat exchanger when flowing in the first direction (paragraph 0066 of Jeong).
Regarding claim 18, the combined teachings teach the refrigerant flows in the first direction when the apparatus is operating to heat the water (heating operation, paragraph 0066 of Jeong), and the refrigerant flows in a second direction (cooling operation, paragraph 0072 of Jeong) opposite to the first direction when the apparatus is operating to cool the water or to defrost (defrosting operation, paragraph 0072 of Jeong) the second heat exchanger.
Regarding claim 19, the combined teachings teach all the limitations of claim 19 including the valve blocks the refrigerant from flowing through the one of the pipes when the apparatus is operating to heat the water (paragraph 0061, when 44b is closed refrigerant flows through 54 of Jeong), and allows the refrigerant to flow through the one of the pipes when the apparatus is operating to cool the water (understood the valve is capable of being open during cooling operation, paragraph 0072-0073 of Jeong). See rejection of claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH J MARTIN whose telephone number is (571)270-3840. The examiner can normally be reached 8:30-3:00 CT pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry-Daryl Fletcher can be reached at (571) 270-5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZABETH J MARTIN/Primary Examiner, Art Unit 3763
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